The Mediation Process

Be proactive during the mediation process. Ask questions, listen carefully, be clear in your expectations, and analyze your needs. Through care and caution, you might eliminate problems before they happen.

Unfortunately, sometimes disputes become unmanageable, and escalate into ego contests that make negotiation impossible. Mediation adds structure to the discussion, and focuses participants' energies on the core issues and goal of facilitating resolution.

Mediators:

• Do not make decisions for the people involved;
• Will not cross-examine either party to determine guilt. This is not a court of law;
• Will not provide counseling or psychotherapy for the participants; and
• Do not provide legal advice.

Unfortunately, mediation can fail even if both parties reach a compromise. It is not a quick fix, but needs to be an adequate discussion and agreement about the entire problem and its many aspects. If the conflict is not examined thoroughly, you might only resolve part of the issue, and have to restart the mediation process to address hanging matters. Bring all your concerns to the table to  find a long-term solution. 

To avoid preventable disagreements, take precautions such as  investigating a space or landlord (seller) prior to signing a lease or purchase agreement; this ensures that the space is zoned and suitable for your intended purposes. A common complaint for tenants utilizing spaces in commercial and industrial areas is that utilities are shut off at night and on weekends. A tenant may retaliate by withholding rent, and the landlord might react by taking the tenant to court for eviction and back rent. In this scenario, mediation may have lead to an amicable solution for all involved. 

Another precaution: Be clear about the arrangements and expectations between sellers and buyers, landlords and tenants, neighbors and roommates. For example:

• If an artist will use the rental space for work, does the landlord approve?  
• If a unit is purchased, will the homeowner association rules allow you to run a business out of your unit?  
• If you purchase a building, does the zoning allow for your kind of art production?  
• Will the neighbors sign a release allowing you to modify the structure?
• Will the Chicago Department of Zoning authorize you to live in a particular area or use the space in a manner not outlined in the City zoning ordinance? 

All these questions must be considered carefully when leasing or purchasing a property in order to avert future (and possibly costly) disputes from arising. When mediation does not lead to a resolution satisfactory to both parties, you might need to pursue the matter in court.